Rudrappa vs V.Krishnappa And Anr
2023 Latest Caselaw 2620 Kant

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                                                       MFA No. 201258 of 2018




                               IN THE HIGH COURT OF KARNATAKA,

                                       KALABURAGI BENCH

                             DATED THIS THE 25TH DAY OF MAY, 2023

                                             PRESENT
                           THE HON'BLE MR JUSTICE B.M.SHYAM PRASAD
                                               AND
                             THE HON'BLE MR JUSTICE UMESH M ADIGA
                       MISCELLANEOUS FIRST APPEAL NO.201258 OF 2018 (MV)


                      BETWEEN:

                            RUDRAPPA
                            S/O BHIMSHETTY, AGE: 26 YEARS
                            OCC: NOW NILL AFTER THE ACCIDENT
                            R/O H.NO.137, HASARAGUNDAGI VILLGE
                            TQ: CHINCHOLI DIST: KALABURAGI



                                                                 ...APPELLANT

                      (BY SRI HARISH, ADVOCATE FOR SRI HARSHAVARDHAN R
Digitally signed by
SWETA KULKARNI        MALIPATIL, ADVOCATE)
Location: High
Court of Karnataka
                      AND:

                      1.    V.KRISHANAPPA
                            S/O VENKATARAMANAPPA
                            AGE: MAJOR OCC: OWNER OF BAJAJ TEMPO
                            TRAVELER BEARING NO.KA-5-AC-5346
                            R/O NO.59, VENKATADRI ANNAGHARALA LAYOUT
                            NEAR SHANTHI NIKETAN, BELEKALALHALLI
                            BENGALURU-560076(9880220036)

                      2.    UNIVERSAL SOMPO GENERAL INSURANCE CO. LTD,
                            THROUGH ITS REGD & CORP OFFICE: UNIVERSAL
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                                      MFA No. 201258 of 2018




     SOMPO GENERAL INSURANCE CO. LTD,
     UNIT NO.401, 4TH FLOOR, SANGAMA COMPLEX, 127,
     ANDHERI KURLA ROAD, ANDHERI (E) MUMBAI-
     400059

                                           ...RESPONDENTS

(BY SRI SUDARSHAN M., ADVOCATE FOR R2;
 NOTICE TO R1 IS DISPENSED WITH VIDE ORDER DATED
26.06.2019)


      THIS MFA IS FILED U/S 173(1) OF MV ACT, PRAYING
TO    ALLOW    THIS    APPEAL      AND    ENHANCE     THE
COMPENSATION      TO   `30,25,800/-      (EXCLUDING   THE
AMOUNT AWARDED BY THE TRIBUNAL) ALONG WITH
INTEREST BY MODIFYING THE JUDGMENT AND AWARD OF
THE SENIOR CIVIL JUDGE AND MACT, CHINCHOLI DATED
07.04.2018 IN MVC NO.580/2016, IN THE INTEREST OF
JUSTICE AND EQUITY.

      THIS APPEAL COMING ON FOR ADMISSION THIS DAY,
B.M.SHYAM PRASAD J., DELIVERED THE FOLLOWING:

                       JUDGMENT

The appellant is the claimant in MVC No.580/2016

on the file of the Senior Civil Judge and MACT, Chincholi

(for short, 'the Tribunal'). The appellant is aggrieved by

the Tribunal's judgment and award dated 07.04.2018,

and the Tribunal has awarded a total sum of `1,04,200/-

MFA No. 201258 of 2018

as compensation with interest at the rate of 6% per

annum under the following heads:

a. Towards pain and suffering `25,000/- b. Towards medical expenditure `74,200/- c. Towards attendant charges, food `5,000/-

and conveyance Total `1,04,200/-

2. Sri Harish, the learned counsel who appears

for Sri Harshavardhan R. Malipatil who is on record for

the appellant, and Sri Sudarshan M., the learned counsel

for the contesting respondent viz., the Insurer of the

offending vehicle - Tempo Traveler bearing Reg.No.KA-05-

AC-5346 are heard for final disposal of the appeal in the

light of the appellant's limited ground that the Tribunal

has not granted any amount towards future disability.

3. It is seen from the records that the appellant

suffered fracture of right clavicle in a road accident on

14.10.2015 when he was traveling with another in an

auto rickshaw. The appellant, to sustain the claim of

compensation under the head of loss of income due to

disability, has relied upon the Disability Certificate [Ex.P-11]

and according to this Disability Certificate, the appellant has

MFA No. 201258 of 2018

permanent disability of 30% of the whole body. The

Tribunal has not accepted this Certificate primarily for

reasons such as that the doctor who has treated the

appellant is not examined and that the appellant, who

was aged 24 years as of the date of the accident, was

working as a Quality Engineer. The Tribunal has opined

that in the absence of the evidence of the doctor who has

treated the appellant, it cannot be opined that there is

any permanent disability.

4. Sri Harish cannot dispute that fracture of

clavicle would not generally bring about permanent

disability, another reason that has persuaded the

Tribunal to reject the claim. The Tribunal has awarded

compensation of `25,000/- towards pain and suffering1,

and this is in the light of the medical records produced to

show that the appellant was an inpatient with Sparsh

Hospital at Bengaluru and incurred expenses in a sum of

`74,000/- and more. The appellant may not be entitled

1 Apart from other sums as aforesaid towards medical expenses and attendant and other charges

MFA No. 201258 of 2018

for any compensation towards permanent disability, but

given his hospitalization and the treatment received, just

compensation would mean that there must be some

amount towards loss of amenities. In the circumstances

of the case, this Court is of the considered view that a

global sum of `30,000/- which would include the interest

component would be just enhancement. Hence, the

following:

ORDER

The appeal stands disposed of granting enhanced

global sum of `30,000/- calling upon the second

respondent to deposit this amount with the Tribunal for

disbursement within eight weeks from the date of receipt

of a certified copy of this judgment.

Sd/-

JUDGE

Sd/-

JUDGE SWK